Product Liability

  • October 29, 2020

    MVP: Mayer Brown's Keri Borders

    Mayer Brown LLP's Keri Borders clinched a victory for Ghirardelli Chocolate Co. in a proposed nationwide class action alleging that consumers were misled into believing its products were white chocolate when they actually contained none, making her one of Law360's 2020 Product Liability MVPs.

  • October 29, 2020

    9th Circ. Sinks Pharma Cos.' Suit Against Hawaii AG

    The Ninth Circuit on Thursday shut down a case by Bristol-Myers Squibb Co. and Sanofi-Aventis US LLC aiming to block a suit against them by Hawaii's attorney general over sales of the blood thinner Plavix, affirming that the case is a state enforcement action the federal courts can't interfere in.

  • October 29, 2020

    Fiat Chrysler Faces £5B UK Lawsuit Over Emissions Scandal

    Up to half a million Fiat Chrysler vehicles sold in Britain could be equipped with illegal emissions-cheating devices, a law firm said on Thursday as it prepares to launch a group action claim in the latest escalation of the long-running scandal known as Dieselgate.

  • October 28, 2020

    NY AG's Opioid Epidemic Jury Trial Set For Early 2021

    A New York state judge signaled trial will begin after the holidays in the state attorney general's long-awaited "opioid epidemic" trial in which drugmakers and distributors face allegations they are directly responsible for the cost of the health crisis linked to the drugs they sold.

  • October 28, 2020

    Welch Again Beats False Ad Suit Over Fruit Snack Labeling

    A California appellate court has refused to revive a suit accusing Welch Foods Inc. of mislabeling its fruit snacks, agreeing with a San Francisco court that the company could tout that fruit is its "first ingredient" even though "fruit puree" is listed on the label.

  • October 28, 2020

    Claims Trimmed In Suit Over '100% Natural' Juice Labels

    A California federal judge trimmed claims against the maker of Kern's Nectar in a suit alleging the beverages' "100% natural" labels mislead consumers because the drinks contain artificial flavoring, agreeing with the juice maker on Wednesday that the buyers failed to plead with specificity.

  • October 28, 2020

    Eli Lilly Scores $375M For COVID-19 Treatment

    The federal government said it has agreed to pay $375 million for an experimental Eli Lilly and Co. treatment to combat COVID-19, not long after the company said hospitalized patients would no longer get the treatment.

  • October 28, 2020

    Fla. Court Orders New Engle Trial Over Jury Strikes

    A Florida state appeals court on Wednesday ordered a new trial in an Engle progeny case against Philip Morris, saying a trial court shouldn't have stricken jurors based solely on written questionnaires nor admitted evidence from a "Seinfeld" episode.

  • October 28, 2020

    Buyers Say Pepperidge Farm 'Butter' Crackers Use Veg Oil

    A proposed class action filed in New York federal court accuses Pepperidge Farm of selling a line of crackers that the baked-goods giant misleadingly claims to be flavored with butter when in reality it also uses vegetable oils to achieve that flavoring.

  • October 28, 2020

    Nationwide Class Struck From Kombucha False Ad Suit

    A California man leading a class action alleging O Organics LLC's kombucha drinks mislead consumers about their alcohol content can't represent non-Californians in a nationwide class because of the differences in state laws, according to a California federal judge.

  • October 28, 2020

    Youths Vow Appeal After Court Dumps Canada Climate Suit

    A coalition of youths say they'll appeal a Canadian federal court's decision to throw out their allegations that the government's policies worsen climate change and pose a threat to their well-being and future, which the court said is an issue better suited for policymakers, not the courts.

  • October 28, 2020

    False Ad Suit Over Protein Drink's Vanilla Flavor Tossed

    A New York federal judge has thrown out claims that a protein drink maker's products mislead consumers into thinking they're flavored only with vanilla extract, saying the drinks promise only vanilla flavor and deliver exactly that.

  • October 28, 2020

    MVP: Kirkland's Richard Godfrey

    Richard Godfrey's work as a litigation partner at Kirkland & Ellis LLP this past year, including securing the denial of a motion to reconsider an earlier partial summary judgment win for General Motors LLC over alleged defects with its ignition switches, has landed him on the list of Law360's 2020 Product Liability MVPs.

  • October 28, 2020

    NH Hits Bayer Entity With New PCB Contamination Suit

    New Hampshire has accused a Bayer AG entity of concealing the toxicity of polychlorinated biphenyls to keep profits high, seeking damages in a new lawsuit for the harm the substance caused to the state's waterways, fish and other natural resources.

  • October 27, 2020

    EPA Greenlights Dicamba Use After 9th Circ.-Ordered Review

    The U.S. Environmental Protection Agency on Tuesday renewed its approval of the herbicide dicamba for use on cotton and soybeans after a brief ban ordered by the Ninth Circuit, which told the agency it had understated the chemical's risks.

  • October 27, 2020

    CPSC Leader Says Agency's Mask Guidance Not Official

    A commissioner of the Consumer Product Safety Commission on Monday said that the agency recently issued guidance on face masks on its website, but she didn't know where it came from and that no vote had been taken on how masks created during the coronavirus pandemic should be regulated.

  • October 27, 2020

    Ex-NFLer Questions Settlement Denial After Race Bias Claims

    A retired NFL player who for years has been fighting the denial of his $1.5 million claim in the concussion settlement asked the Third Circuit to require a district judge to further explain the rejected claim in light of new allegations that the neurocognitive tests used to seek concussion claims discriminated against Black players.

  • October 27, 2020

    7th Circ. Leery Of Standing Argument In Jeep-Hacking Suit

    The Seventh Circuit seemed skeptical Tuesday over whether to revive a lawsuit over allegedly hackable Jeep Cherokees, questioning why the group of drivers cited facts and evidence during the appeal that they hadn't raised in a lower court to argue they have standing to bring their claims.  

  • October 27, 2020

    Purdue Creditors Object To Sackler Part Of $8B DOJ Deal

    Creditors of drugmaker Purdue Pharma on Tuesday asked a New York bankruptcy judge to bar the use of corporate funds to pay the $225 million that members of its former owning family owe the government under the $8 billion OxyContin sale settlement announced last week.

  • October 27, 2020

    J&J Flags 'Moral Hazard' In Imerys' Del. Ch. 11 Disclosure

    Bankrupt talc supplier Imerys Talc America's latest Chapter 11 disclosure "reeks of moral hazard" and potential conflict, according to an objection filed in Delaware on Monday by Johnson & Johnson, which is potentially on the hook for billions in debtor insurance claims.

  • October 27, 2020

    NY Judge Will Wait On DC Circ. To Rule On Perchlorate

    A New York federal judge on Tuesday paused a public health group's suit pushing the U.S. Environmental Protection Agency to issue standards for perchlorate in drinking water, saying the D.C. Circuit should first decide whether the agency's deregulatory pivot is sound.

  • October 27, 2020

    Judge Wants New Bellwether List In Cook Vein Filter MDL

    The Indiana federal judge overseeing multidistrict litigation over alleged defects in Cook Medical Inc.'s vein filters has asked the company and the plaintiffs' steering committee to narrow down a list of possible bellwether cases, after the three previous bellwethers ended before trial.

  • October 27, 2020

    MVP: Dechert's Mark Cheffo & Sheila Birnbaum

    Mark Cheffo and Sheila Birnbaum of Dechert LLP guided Purdue Pharma LP in settling thousands of claims in opioid litigation and helped Pfizer prevail in cases alleging that its cholesterol drug causes diabetes, earning them a spot among Law360's 2020 Product Liability MVPs.

  • October 26, 2020

    Idaho Utility Not Negligent In 50,000-Acre Wildfire, Jury Says

    An Idaho utility was not responsible for igniting a fall 2012 wildfire that burned 50,000 acres and cost the U.S. government nearly $18 million in firefighting costs and other damages, a federal jury decided Friday.

  • October 26, 2020

    Samsung Can't Duck Proposed Defective Dryer Class Action

    A New Jersey federal judge on Monday trimmed some claims from a proposed class action brought by consumers alleging Samsung dryers contain defective drums that form cracks that can snag on clothes and create a fire risk but refused to throw out warranty claims.

Expert Analysis

  • Cross-Selling Strategies For Law Firms During Pandemic

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    Law firms can grow revenue during the COVID-19 crisis by facilitating communication among complementary practice groups, soliciting client feedback and engaging in other cross-selling activities that build on existing client bases, says consultant David Freeman.

  • Atty Media Interview Lessons From Trump's Axios Appearance

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    The recently broadcast interview of President Donald Trump with Axios political reporter Jonathan Swan provides a dramatic example of how not to answer media questions and presents four lessons to attorneys preparing for press coverage, says Michelle Calcote King at Reputation Ink.

  • Why Remote Depositions Are Likely Here To Stay

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    As attorneys and their clients realize it is possible to conduct video depositions just as smoothly as in-person sessions while eliminating travel, catering and other costs, they will likely demand that remote procedures remain in place even after the pandemic is contained, says Darren Goldman at Becker & Poliakoff.

  • Exxon Ruling Makes Traceability Key In Clean Air Citizen Suits

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    While the Fifth Circuit's recent ruling in Environment Texas Citizen Lobby v. ExxonMobil. says that Clean Air Act plaintiffs must prove standing for each alleged violation by defendants, the court's expansive view of traceability between violations and injuries may actually make that task easier, says Jane Fedder at Spencer Fane.

  • 7 Keys To Drafting Effective Legal Briefs

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    Bo Pearl at Paul Hastings explains how eliminating clunky transitions, mixing in short sentences, and making a few other tweaks can increase the persuasive power of legal briefs.

  • Weighing The Virtual Courtroom Option In Civil Cases

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    Lawyers can look to federal district courts' recent virtual proceedings to evaluate whether remote appearances would further their clients' interests in civil lawsuits or if they would impose unfairness and inefficiency, say Christopher Green and Sara Fish at Fish & Richardson.

  • 7th Circ. Ruling Should Deter Class Objector Side Deals

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    The Seventh Circuit’s recent opinion requiring class settlement objectors to repay funds they received in exchange for dismissing their appeals in Pearson v. Target should serve to discourage such efforts, and reminds parties to consider motives and actions before negotiating separately with objectors, say attorneys at Cozen O'Connor.

  • Attys Shouldn't Overlook Obligations To Potential Clients

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    A recent American Bar Association opinion addressing the types of new-client consultations that could lead to disqualification is a reminder that lawyers indeed owe prospective clients certain duties, which call for attention to three best practices, say Sarah Sweeney and Thomas Wilkinson at Cozen O'Connor.

  • Lessons From Asbestos Can Help Resolve Opioid Liabilities

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    The effects of opioid litigation and settlements on pharmaceutical companies, insurers and others could be financially devastating, so affected entities should consider a practice used by companies with asbestos liabilities — a restructuring that separates those liabilities from ongoing operations, say consultants at Nathan Associates and Financial Asset Recovery Analytics.

  • Strategies For Associates Seeking Jobs Amid Hiring Slump

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    Law firms will be hiring conservatively well into 2021 and beyond, but associates eyeing a new firm or market can successfully make a move if they are pragmatic about their requirements, say Rebecca Glatzer and Kate Reder Sheikh at Major Lindsey.

  • Safeguards Against Legal Malpractice Liability As Claims Rise

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    History suggests that the COVID-19 crisis will lead to a surge in legal malpractice claims, but proper documentation, regular conflict checks and a few other steps can help minimize exposure, say attorneys at Munger Tolles.

  • Cos. Must Heed FDA Warnings On Hand Sanitizers

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    In light of the U.S. Food and Drug Administration's recent warnings about health-endangering hand sanitizers with methanol contamination or subpotent levels of alcohol, companies making or distributing these products should take proactive risk assessment and compliance measures, say Raymond Williams and Jae Kim at DLA Piper.

  • 3 Ways Law Firms Can Guard Diversity Gains During Crisis

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    Law firm managing partners must institute comprehensive, firmwide policies to ensure tenuous progress made in recruiting and retaining more women and attorneys of color is not lost due to pandemic-related layoffs and budget cuts, says Debra Pickett at Page 2 Communications.

  • Tips For Effective Witness Cross-Examination In Remote Trials

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    Videoconference court proceedings can stifle much of what makes cross-examination exciting, but the savvy trial lawyer can adjust to make the same truth-inducing impact on a witness as in a live setting, say attorneys at Selendy & Gay.

  • What I Learned As A Virtual Summer Associate

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    It is necessary in a virtual law firm summer program to think twice about asking questions you may be able to answer on your own, but this independence and other aspects of a remote internship may help to instill habits that would be useful for future full-time associates, says law student Kelley Sheehan, who interned at Patterson & Sheridan this summer.

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